P. v. Bowers

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Filed 4/25/07 P. v. Bowers CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or
ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
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THE PEOPLE,
Plaintiff and Respondent,
v.
KENNETH BOWERS,
Defendant and Appellant.
C051817
(Super. Ct. No. 05F05905)
In this case, defendant Kenneth Bowers entered into a plea
bargain that called for his plea of no contest to possession of
cocaine base for sale and his sentence to be six years in state
prison. During the same court hearing at which defendant entered
his plea, the trial court released defendant on his own
recognizance (O/R) pursuant to an agreement with defendant that
defendant could be sentenced to up to 10 years in state prison if
he did not appear at the time set for sentencing, November 3,
2005. Defendant did not appear at the time set for sentencing; he
was picked up on a bench warrant; and, at sentencing, the trial
court imposed a term of eight years in state prison.
On appeal, defendant contends his conviction and sentence
should be reversed and he should be allowed to withdraw his plea.
He argues that his O/R release agreement, which provided for a

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greater sentence if he did not appear at sentencing, was not part
of the plea bargain so that he should be allowed to withdraw his
plea.
Defendant’s contentions attack the validity of his conviction
resulting from his plea of no contest.
However, defendant has not obtained a certificate of probable
cause. His contentions attacking the validity of his plea and
conviction are not cognizable in the absence of a certificate of
probable cause. (Pen. Code, § 1237.5, subd. (b); Cal. Rules of
Court, rule 8.304(b); In re Chavez (2003) 30 Cal.4th 643, 646,
651; People v. Mendez (1999) 19 Cal.4th 1084, 1095; People v.
Panizzon (1996) 13 Cal.4th 68, 75-76.)
DISPOSITION
The judgment is affirmed.
SIMS , Acting P.J.
We concur:
MORRISON , J.
ROBIE , J.

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